Lucia Salinas
09/14/2020 - 16:45
Clarín.com
Politics
For the fourth time, Pablo Moyano's defense managed to get Judge Brenda Madrid to postpone her investigation: the last appointment was scheduled for this Monday at 11. Lawyer Daniel Llermanos had stated that the terms of the investigation of the case where a Millionaire defraud to the Independent club were overdue, and also that he did not trust the computer security of the virtual platform through which he was going to testify under the accusation of directing an illicit association.
The magistrate then asked the prosecutor Sebastián Scalera to set a new date
for Moyano to testify personally.
It will be this Thursday at 11.
To address Llermanos lawyer's claims, Judge Brenda Madrid asked the prosecutor Scalera to "use an end-to-end encryption system, either through the Microsoft Teams application or another tool, in order to
guarantee the confidentiality and privacy
that already ordered and avoid what happened. "
With the guarantees of the case, a new date had been set: the investigation was to be held this Monday, using the platform selected by the Public Prosecutor's Office.
But days before, Llermanos made another presentation regarding the
supposed expiration of the terms of the investigation
of the case against Pablo Moyano.
Consequently, Judge Madrid ran a hearing to the prosecution to issue a set of proposals and to forward, in turn, the main bodies of the investigation so that the terms of the investigation can be compared.
Thus, the hearing was suspended for the fourth time.
Moyano's lawyer's case had to be resolved, which among other things,
required the removal of the prosecutor Scalera.
After analyzing the situation, and in a new resolution to which
Clarín
agreed
, the magistrate resolved that
the instruction "is not expired
, and that, taking into account the arguments already made explicit, I consider that the standards of reasonableness have been respected. those that allude to the highest decision-making bodies in the aforementioned matter, for which reason I conclude that there will be no place for the removal of the Fiscal Agent, Dr. Sebastián Scalera, requested by the Defense ".
Likewise, he pointed out that the time that this section of the file has been under investigation - the main part that involves ex-barrabravas and other club leaders has already been brought to trial - is due to the existence "of
a complex investigation, which had countless amounts of presentations, proposals,
views, transfers, provided due to public events and well-known knowledge already known by the parties, "Madrid indicated, in an oblique reference to
the delays caused by Llermanos.
Likewise, the magistrate explained that this investigation had the particularity of "having been prolonged by the alternate intervention of the different Magistrates and Prosecutors, the different opportunities in which the Departmental Superior was given intervention to resolve various appeals, the time elapsed to resolve the different incidental proposals (requests for release, restraint, termination of preventive detention, challenge, nullity, etc.) ".
Judge Madrid also recalled "the suspension of the procedural terms ordered by the Buenos Aires Supreme Court of Justice, as a result of the declaration of a pandemic due to the COVID-19 virus."
In addition, he accepted Scalera's proposal to carry out the investigation in person in the oral courtroom, since "it is adequate due to its large physical space, which ensures that it complies with the distancing protocol."
The accusation against Moyano
The so-called "Fact 1" that is part of the accusation against Pablo Moyano, maintains that "from an undetermined date and at least until November 2017, an illicit association operated, made up of a variable and undetermined group of people from the Male and female sex, all of legal age, being part of it, on the one hand, a faction of the fans of the Club Atlético Independiente ("barra brava"), who regularly met for football matches (...) on the other hand,
executives, employees, partners
and some supporters of the Independent Athletic Club
turn out to be part of said criminal organization
. "
In this much broader structure, the vice president of the sports entity played a leading role for the prosecution.
The accusation maintains that the members of said illicit association are:
Pablo Antonio Hugo Moyano, alias "Salvaje"
, in his role as the leading authority of the Independent Athletic Club, and
Pablo "Bebote" Álvarez
, as leader of Independiente's “barra brava” ".
Regarding the actions of the alleged illicit association, the prosecution pointed out that it was dedicated to "defrauding the Independent Athletic Club by
managing, obtaining, concealed printing and reselling tickets," protocols "for accessing the sporting events
of said institution, bonds and social quotas outside the corporate sphere and without entering the economic proceeds into the Club's patrimony ". On the other hand, the organization headed by Pablo Moyano for justice, was also dedicated to" extorting, coercing, threatening and intimidating, by using of physical, verbal or firearm violence, to the authorities of state and private organizations in charge of the security of sporting events, as well as technical directors, members of the coaching staff, soccer players and some executive authorities of the Independent Athletic Club ".